Dubai tenant can be evicted for 3 main reasons: Legal expert

“This is a non-renewable contract and you will have to vacate the apartment on expiry of the contract.” A number of landlords in Dubai are putting this clause in the rent contract addendum.

Emirates 24|7 has reported that such clauses stand invalid legally and a tenant can file a complaint with the Rental Dispute Settlement Center  (RDSC) of Dubai Land Department.

But, does that mean landlords can’t evict their tenants, at all?

“A landlord must have a legitimate reason to evict a tenant and the notice periods depend on the reason for the eviction,” says Ludmila Yamalova, Managing Partner, HPL Yamalova and Plewka JLT.

Only three reasons qualify or give the right to the landlord/property owner to evict a tenant:

1. Breach of tenancy agreement or violation of a law
2. Landlord wants to sell the property
3. Landlord wants to self-occupy the property

When there is a case of breach or violation, Yamalova says, the landlord has to serve a 30-day notary public notice to the tenant.

“The notice must state the alleged violation with the tenant being given 30 days to fix the matter.  If the issue is still unsolved, the landlord may go to the Rental Dispute Settlement Center and request an eviction order.”

In cases, where the landlord plans to sell the property or use it himself, a 12-month notice has to be given to the tenant through the notary public.

Yamalova, however, asserts landlords cannot physically deny access to the tenant or force tenant to move out.

“If the tenant refuses to move out voluntarily, the landlord must obtain a court judgment from the Rent Committee.  If the tenant still refuses to move our, the landlord can report to the police and the police will facilitate eviction,” she clarifies.

Excerpts

- Is it mandatory to give legal notice through notary of 12 months if one wants to evict a tenant?

A landlord must have a legitimate reason to evict a tenant.  The notice period depends on the reason for the eviction.

In general, there are three reasons, which qualify to evict a tenant.

One, a landlord can evict a tenant either if there is a breach of the tenancy agreement or if there is violation of a law.  For example, a landlord can legitimately evict a tenant if a tenant does not pay rent or conduct illegal activities on the premises.  In such case, the landlord must first serve the tenant a 30-day notice, sent through the notary public.  The notice should state the alleged violation and give the tenant 30 days to fix the matter.  If the tenant has not remedied the breach within 30 days, the landlord may go to the RDSC and request an eviction order.

The second and third reasons when a landlord can evict a tenant is when the landlord either wishes to sell the property or to move into the property himself.

Under either of these two scenarios, however, the landlord can only demand eviction of the tenant once the lease term has expired and a proper notice has been served. The notice period must be 12 months in advance and served through the notary public.

- What is the procedure for this and the cost?

If the landlord wishes to sell the property or use it himself, he must send a 12-month notice to the tenant through the notary public stating his intentions.  The landlord may then refuse to renew any lease for a period that extends more than 12 months past the date of notification.  The notice must be in Arabic for the Notary Public to attest it. Then, the notice should be sent to the tenant through Aramex, which now has a representative branch at the Notary Public and the two steps can be done at the same time. It is important to keep record of the delivery report, in the event the landlord will later need to file a case at the Rent Committee.

Currently, the Notary Public fees for an eviction notice is Dh500.

-What measures can the landlord take if the tenant does not vacate the flat?

If a landlord has a legally valid reason to require tenant to vacate the flat, he should send a valid notice to the tenant via the Notary Public.  The notice should state the reason for eviction and give the tenant 30 days to fix the matter.  If the tenant has not remedied the breach within 30 days, the landlord may go to RDSC and request an eviction order.  If the landlord has previously sent a 12-month notice of lease non-renewal to tenant (as discussed in #2) this notice will be sufficient to file a case with the RDSC, and no additional notice must be given.

It is important to note, a landlord cannot physically deny access to the tenant or force tenant to move out. If the tenant refuses to move out voluntarily, the only legitimate way for the landlord to evict the tenant is to obtain a court judgment from the Rent Committee.  In the event, the tenant refuses to move even after presented with a copy of the judgment, the landlord can then report to the police and the police will facilitate eviction.

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